Section 147: Retention, in form, of specific bequest to several persons in succession

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 147

Section 147 provides for the retention in form of a specific bequest made to several persons in succession where the property is not of a wasting or perishable nature.

  • Successive Interests in Specific Asset: Where property of a permanent, non-wasting nature is specifically bequeathed to two or more persons in succession, it is retained in its existing form.
  • Enjoyment in Specie: The first legatee is entitled to the possession, use, and income of the property during his lifetime, preserving the corpus intact for the remainderman.
  • Executor's Custodial Responsibility: The executor must ensure that the life-tenant does not commit waste or alienate the property.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court noted that successive life estates in non-wasting specific assets are recognized under Section 147, entitling the life-tenant to usufruct while protecting corpus for the remainderman.
  • Mahesh Chand Sharma v. Raj Kumari Sharma (1996) 8 SCC 128: Affirmed that successive beneficiaries take defined limited and absolute interests in accordance with the testator's scheme.
Courtroom Practice & Strategic Litigation Guidance:

Where immovable property or heirloom jewelry is bequeathed to 'A for life, remainder to B', counsel for the remainderman should ensure the life-tenant executes an inventory under Section 147; the property cannot be sold or mortgaged by A.